Rajasthan High Court - Jodhpur
Monu Teli vs Gopal Meghwal And Ors on 16 August, 2021
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
(1) S.B. Civil Misc. Appeal No. 1122/2018
Om Prakash S/o Hajari Daroga, aged about 29 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 834/2018
1. Smt. Savita Kanwar W/o Late Shri Mahendra Singh
Solanki, aged about 30 years,
2. Shanu D/o Late Shri Mahendra Singh Solanki, aged about
9 years,
3. Janu D/o Late Shri Mahendra Singh Solanki, aged about
06 years,
Appellant No. 2 To 3 Is Minor Through Their Natural
Guardian Mother Smt. Savita Kanwar W/o Late Shri
Mahendra Singh Solanki, Aged About 30 Years.
4. Smt. Paras Kanwar W/o Gopal Singh Solanki, aged about
59 years,
5. Gopal Singh S/o Bheem Singh Solanki, aged about 64
years,
Appellant No. 1 To 5 is Resident Of Bhandal Jakholi Kalan,
Post Naigad, Tehsil Hindoli, District Bundi Raj..
----Appellants
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
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Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 836/2018
1. Jamna Lal S/o Late Shri Uda Kumhar, aged about 39
years,
2. Shanker Lal S/o Late Shri Uda Kumhar, aged about 34
years, Appellant No. 1 And 2 Is Residents Of Mangtala,
Police Station Kachhola, District Bhilwara Raj..
----Appellants
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 837/2018
1. Smt. Bhuri Devi W/o Shri Arjun Bairwa, aged about 53
years,
2. Arjun Bairwa S/o Shri Chandra Bairwa, aged about 58
years,
3. Durga Lal S/o Arjun Bairwa, aged about 23 years,
Appellant Nos. 1 To 3 is Residents Of Mangtala, Police
Station Kachhola, District Bhilwara Raj..
----Appellants
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
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Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 838/2018
1. Smt. Dhapu W/o Late Shri Khana Mali, aged about 55
years,
2. Gopal S/o Late Shri Khana Mali, aged about 37 years,
3. Hajari S/o Late Shri Khana Mali, aged about 36 years,
4. Ram Prasad S/o Shri Khana Mali, aged about 32 years,
5. Madan Lal S/o Shri Khana Mali, aged about 23 years,
Appellant No. 1 To 5 is Resident Of Mangtala, Tehsil
Mandalgarh, District Bhilwara Raj..
----Appellants
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 839/2018
Shambhu Lal S/o Hira Lal Teli, aged about 49 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
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----Respondents
S.B. Civil Misc. Appeal No. 840/2018
1. Smt. Sita W/o Shri Ramdev Kumar, aged about 44
years,
2. Ramraj S/o Shri Ramdev Kumar, aged about 24 years,
3. Gopi Lal S/o Shri Debi Lal, aged about 64 years,
4. Smt. Mathri W/o Gopilal, aged about 62 years,
Appellant No. 1 To 4 Is Resident Of Mangtala, Police
Station Kachhola, District Bhilwara Raj..
----Appellants
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 846/2018
Ram Pal Mali S/o Shri Bhagoota Mali, aged about 34 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 847/2018
Debi Lal S/o Shri Ram Kishan Lohar, aged about 49 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
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----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1111/2018
Durga Lal S/o Shri Moti Lal Daroga, aged about 32 years, R/o
Jakholi Kalan, Post Naigad, Tehsil Hindoli, District Bundi Raj.
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1112/2018
Asha D/o Shri Ghisu Mali, aged about 19 years, R/o Mangtala,
Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
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----Respondents
S.B. Civil Misc. Appeal No. 1113/2018
Khana @ Kana S/o Shri Kalyan Mali, aged about 64 years, R/o
Mangtala, Tehsil Mandalgard, District Bhilwara Raj.
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1114/2018
Smt. Geeta W/o Shri Om Prakash Mali, aged about 32 years, R/o
Bada Naya Gaon, Tehsil Hindoli, District Bundi Raj.
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1115/2018
Smt. Sita W/o Shri Raghuveer Daroga, aged about 27 years, R/
o Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
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Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1118/2018
Bhura @ Bhanwar Lal S/o Shri Chhotu Mali, aged about 49
years, R/o Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1119/2018
Monu Teli S/o Shri Laxman Teli, aged about 20 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1120/2018
Anil S/o Shri Shambhu Lal Teli, aged about 19 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
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Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1121/2018
Sonu Mali S/o Shri Bhanwar @ Gopal Mali, aged about 19
years, R/o Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
S.B. Civil Misc. Appeal No. 1123/2018
Ghisu S/o Shri Chhotu Singh Rajput, aged about 20 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Shri Champa Lal, R/o Obara
Khurd, Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
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S.B. Civil Misc. Appeal No. 1124/2018
Shankar Mali S/o Shri Balu Mali, aged about 46 years, R/o
Mangtala, Tehsil Mandalgarh, District Bhilwara Raj..
----Appellant
Versus
1. Gopal Meghwal S/o Shri Nathu Lal, R/o Rana Ka Chamba,
Tehsil Gogunda, District Udaipur Raj.. - Owner
2. Lahari Lal Meghwal S/o Champa Lal, R/o Obara Khurd,
Tehsil Gogunda, District Udaipur Raj. - Driver
3. The Oriental Insurance Company Limited, Through
Divisional Manager, Divisional Office, The Oriental
Insurance Company Limited, Bhilwara Raj. - Insurance
Company
----Respondents
For Appellant(s) : Mr. Sanjay Nahar &
Mr. Pushkar Tamini
For Respondent(s) : Mr. Pritam Joshi
Mr. Himanshu on behalf of
Mr. Vipul Singhvi through VC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment 16/08/2021 (1) S.B. Civil Misc. Appeal No. 1122/2018 (2) S.B. Civil Misc. Appeal No. 839/2018 (3) S.B. Civil Misc. Appeal No. 846/2018 (4) S.B. Civil Misc. Appeal No. 847/2018 (5) S.B. Civil Misc. Appeal No. 1111/2018 (6) S.B. Civil Misc. Appeal No. 1113/2018 (7) S.B. Civil Misc. Appeal No. 1118/2018 (8) S.B. Civil Misc. Appeal No. 1121/2018 (9) S.B. Civil Misc. Appeal No. 1124/2018 These appeals are preferred against the judgment and award dated 09/08/2017 passed by learned Motor Accident Claims Tribunal, Bhilwara in claim case Nos.230/2014, 228/2014, 229/2014, 227/2014, 234/2014, 231/2014, 235/2014, 236/2014 (Downloaded on 19/08/2021 at 08:30:58 PM) (10 of 17) [CMA-1122/2018] & 232/2014 on behalf of the appellants/claimants who suffered various injuries on account of the accident occurred on 12/09/2013.
The Tribunal, after framing the issues, evaluating the evidence on record and hearing counsel for the parties, decided the claim petitions of the appellants/claimants.
Heard learned counsel for the parties.
Learned counsel for the appellants submits that the appellants sustained simple injuries for which the Tribunal awarded a meagre sum as such the same is required to be enhanced by this Court. He submits that on account of the injuries suffered by the appellants, the expenses were incurred by the appellants for the treatment, they suffered pain and agony, and for some time, some of the appellants could not be able to perform their day to day functions. He, therefore, submits that a reasonable amount may be enhanced in their cases.
Learned counsel for the respondents, while opposing the arguments, have submitted that since the injuries suffered by the appellants are simple in nature, the Tribunal rightly awarded the amount of compensation in the present cases as the amount awarded by the Tribunal can very conveniently be treated as 'just compensation' in the present case.
I have considered the submissions made at the Bar and gone through the judgment dated 09/08/2017 passed by the Tribunal as well as the records of the case including the injury reports of the appellants.
The injury reports of the appellants show that all the appellants suffered simple injuries and as per the injury reports, it (Downloaded on 19/08/2021 at 08:30:58 PM) (11 of 17) [CMA-1122/2018] can be reasonably inferred that though after primary treatment the appellants were discharged, the fact of pain and suffering cannot be ruled out.
Without going into the merits of the cases on overall consideration of facts, this Court is of the view that if an amount of Rs. 5,000 (Rupees : Five Thousand Only) in addition to the amount already awarded by the Tribunal is awarded to the appellants/claimants, the same will meet the ends of justice. Thus, this Court is of the opinion that the appeals preferred by the appellants are partly allowed. The respondent/Insurance Company is directed to pay an amount of Rs. 5,000/- (Rupees : Five Thousand Only) to each of the appellants/claimants as full and final settlement towards the compensation in addition to the amount awarded by the Tribunal vide its judgment dated 09/08/2017 within a period of six weeks from today. If the said amount is not paid within the stipulated time, the same will carry an interest @ 6% per annum till the same is paid. (10) S.B. Civil Misc. Appeal No. 836/2018 :
Learned counsel for the appellant fairly submits that the amount awarded in the present case is not liable to be enhanced in view of the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in (2017) SC 5157 as the deceased was 70 years old and, therefore, no amount towards the loss of future prospects is liable to be awarded in this case.
I have considered the submissions made at the Bar and gone through the judgment dated 09/08/2017 passed by the Tribunal as well as the record of the case.
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(12 of 17) [CMA-1122/2018] I am of the considered view that the amount awarded by the Tribunal in the present case is just and proper and does not require any interference by this Court, more particularly, when the age of the deceased was 70 years old and, therefore, no amount towards the loss of future prospects can be awarded in conformity with the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra). Therefore, the appeal is bereft of merit and the same is, hereby dismissed.
(11) S.B. Civil Misc. Appeal No. 834/2018 :
(12) S.B. Civil Misc. Appeal No. 837/2018 : (13) S.B. Civil Misc. Appeal No. 838/2018 : (14) S.B. Civil Misc. Appeal No. 840/2018 :
Theses appeals are preferred against the judgment and award dated 09/08/2017 passed by learned Motor Accident Claims Tribunal, Bhilwara in claim case Nos.16/2014, 13/2014, 393/2014 (wrongly mentioned as 393/2016) & 17/2014 whereby the compensation amount of Rs. 9,90,000/-, Rs.7,15,000/- Rs.6,65,088/- and Rs.5,25,000/-towards the death of deceased Mahendra Singh, Ganesh, Khana Mali and Foru Kumhar respectively were awarded to the claimants/appellants.
Learned counsel for the appellants very fairly submits that age, income and number of the dependents of the deceased persons were correctly taken into consideration by the Tribunal. However, the Tribunal has not awarded any amount towards the loss of future prospects in their cases. In support of his submissions, learned counsel has relied upon the judgment of Hon'ble Supreme Court in the case of National Insurance Company Ltd. vs. Pranay Sethi reported in (2017) SC 5157 (Downloaded on 19/08/2021 at 08:30:58 PM) (13 of 17) [CMA-1122/2018] and submits that the amount towards loss of future prospects should have been taken into consideration by the Tribunal while computing the award in the present cases. Learned counsel further submits that the Tribunal committed an error while deducting 20% of the amount towards the contributory negligence. He submits that 20% amount deducted in the present cases will cause hardships to the appellants.
Per contra, learned counsel for the respondents submits that the Tribunal has correctly taken into consideration the evidence on record and after appreciation of the same, the compensation has been awarded. The same does not require any interference by this Court. However, learned counsel is not in a position to dispute the fact that the Tribunal has not awarded any amount towards the loss of future prospects in the light of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). Learned counsel further submit that the deceased persons were travelling in a tractor trolley and the owner and driver of the tractor trolley as well as the Insurance Company with which the same was insured have not been arrayed as party respondents in the present case. Learned counsel relies upon the judgment of Hon'ble Supreme Court in the case of Oriental Insurance Co. Ltd. vs. Brij Mohan & Ors, [Appeal (Civil) No. 2532 of 2007], decided on 15/05/2007. Thus, the respondent-Insurance Company cannot be fastened with the liability to pay the entire compensation. The deceased persons were travelling in a tractor trolley which is not passengers carrying vehicle and, therefore, learned Tribunal has committed an error while awarding compensation to the claimants.
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(14 of 17) [CMA-1122/2018] I have considered the submissions made at the Bar and gone through the judgment dated 09/08/2017 passed by the Tribunal as well as the record of the case.
The argument of learned counsel for the respondents that the owner, driver and Insurance Company of the tractor trolley in which the deceased were travelling have not been arrayed as the respondents is of no consequence as the Tribunal has already reduced the compensation to the extent of 20% on account of the deceased persons travelling in a non-commercial vehicle. Further, it is noted that the findings of the Tribunal recorded vide its impugned judgment have not been assailed before this Court by the respondent Insurance Company. Therefore, this argument is not available to the respondent in this case. Thus, the compensation awarded by the Tribunal from the respondent/Insurance Company is not liable to be interfered and the judgment relied upon by the learned counsel for the respondents is distinguishable on this ground as the facts of the judgment relied upon by the learned counsel for the respondents has no application in the facts of the present case.
It is also noted that the Tribunal has reduced the amount of compensation on the ground that the deceased persons were travelling in a trolley attached with the tractor which was basically not meant for transportation and thus, the findings recorded by the Tribunal for deduction of 20% of the compensation amount is not interfered with and the same is upheld. The amount towards the loss of future prospects have not been awarded by the Tribunal in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra). Therefore, this Court feels that (Downloaded on 19/08/2021 at 08:30:58 PM) (15 of 17) [CMA-1122/2018] the appellants are entitled for the same and since the factors used by the Tribunal for computation of the income have not been challenged by the counsel for the appellants, the same factors are utilized for the purpose of calculation of the loss of future prospects. The total amount towards the loss of future prospects (after deducting 20% towards contributory negligence) is Rs.2,44,800/-, 1,72,800/-, 1,40,828/-1,44,000/- respectively.
In view of the discussions made above, the appeals preferred by the appellants are partly allowed. The respondent/Insurance Company is directed to pay amounts of Rs.2,44,800/-, 1,72,800/-, 1,40,828/-1,44,000/- respectively to the appellants/claimants in addition to the amount already awarded by the Tribunal within a period of six weeks from today. The enhanced amount shall carry an interest @ 6% per annum from the date of filing the claim petitions before Tribunal till the same is paid. (15) S.B. Civil Misc. Appeal No. 1112/2018 :
(16) S.B. Civil Misc. Appeal No. 1114/2018 : (17) S.B. Civil Misc. Appeal No. 1115/2018 : (18) S.B. Civil Misc. Appeal No. 1119/2018 : (19) S.B. Civil Misc. Appeal No. 1120/2018 : (20) S.B. Civil Misc. Appeal No. 1123/2018 :
Theses appeals are preferred against the judgment and award dated 09/08/2017 passed by learned Motor Accident Claims Tribunal, Bhilwara in claim case Nos.322/2014, 233/2014, 321/2014, 318/2014, 320/2014 & 319/2014 whereby the compensation amount of Rs. 1,40,823/-, 2,04,312/-, 1,23,534/-, 1,60,745/-, 1,34,700/- and 1,65,550/- respectively have been awarded.
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(16 of 17) [CMA-1122/2018] Learned counsel for the appellants submits that the Tribunal has not awarded any amount towards the loss of future prospects on account of the permanent disability suffered by the appellants. In support of his submissions, he places reliance upon the judgments of Hon'ble Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar and ors. AIR 2020 SC 4424 and Sanjay Verma vs. Haryana Roadways 2014 ACJ 692. He also places reliance upon the judgment of Hon'ble Supreme Court in the cases of Mallikarjun vs. Divisional Manager, The national Insurance Company Limited, AIR 2014SC 736 & Kajal vs. Jagdish Chand & Ors, AIR 2020SC776. Learned counsel fairly submits that the factors taken into consideration by the Tribunal i.e. age, income and the percentage of disability suffered by the claimants shall be taken into consideration while calculating the amount towards the loss of future prospects and he does not dispute the same. The calculation towards the same is as under :-
Sr. Name of Ag Income Permanent
disability
Number of Tribunal Less 20% Future Less 20%
No. Injured e Injury awarded Contributory Prospect Contributo
Negligence ry
Negligence
1. Asha 15 15% 5 injuries 1,40,823 1,12,659 63,685/- 50,948/-
(1 Grievous
& 4 Simple)
2. Smt. Geeta 28 4914/ 18% 2 injuries 2,04,312 1,63,450 72,134 57,708/-
month (1 Grievous
& 1 Simple)
3. Smt. Sita 23 4914/ 10% 3 injuries 1,23,534 98,828 40,065 32,052/-
month (1 Grievous
& 2 Simple)
4. Monu 16 18% 5 injuries 1,60,745 1,28,596 68,571 54,857/-
(2 Grievous
& 3 Simple)
5. Anil 15 10% 5 injuries 1,34,700 1,07,760 42,456/- 33,965/-
(2 Grievous
& 3 Simple)
Per contra, learned counsel for the respondents have submitted that after evaluating the evidence available on record, the Tribunal has awarded a 'just compensation' in the present case, therefore, the same does not require any interference by (Downloaded on 19/08/2021 at 08:30:58 PM) (17 of 17) [CMA-1122/2018] this Hon'ble Court. Learned counsel for the respondent submits that the Tribunal has considered the evidence brought before it and has rightly awarded the compensation for the injuries suffered by the appellants. The amount awarded by the Tribunal is just compensation in view of the injuries suffered by the appellant.
I have considered the submissions made at the Bar and gone through the judgment dated 09/08/2017 passed by the Tribunal as well as the record of the case.
The fact that the injuries sustained by the injured claimants is because of the accident which occurred on 12/09/2013 and the Tribunal was perfectly justified in computing the compensation for the injuries sustained by the claimants/appellants. However, the loss of future prospects has not been added while computing the award, therefore, the same is required to be taken into consideration in view of the judgment of Hon'ble Supreme Court in the case of Pappu Deo Yadav vs. Naresh Kumar and ors. and Sanjay Verma vs. Haryana Roadways (supra).
Accordingly, these appeals are partly allowed and the respondent/Insurance Company is directed to pay amounts of Rs.50,948/-, Rs.57,708/-, Rs.32,052/-, Rs.54,857 and Rs.33,965/- respectively to the appellants/claimants in addition to the amount already awarded by the Tribunal within a period of six weeks from today. The enhanced amount shall carry an interest @ 6% per annum from the date of filing the claim petitions before Tribunal till the same is paid.
(VINIT KUMAR MATHUR),J 98-118/SanjayS/-
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